1 2025:CGHC:37696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5953 of 2025 Chandan Mamtani S/o Late Khaniya Lal Mamtani Aged About 53 Years R/o House No.236/07, Atharved 3, Dikshit Nagar, Police Station Kapil Nagar, Nagpur (M.H.) ... Applicant(s) versus State Of Chhattisgarh Through, Station House Officer, Dongargarh District - Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Dr. Sourabh Kumar Pandey, Dy. A.G. along with Ms. Vaishali Mahilong, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 127/2025, registered at Police Station Dongargarh, District- Rajnandgaon, (CG) for the offence punishable under Section 34(2) of C.G. Excise Act, 1915 and Sections 111, 338, 336(3) of BNS, 2023. 2. The prosecution story in brief is that on 29.03.2025 police has 2 received the secret information from the informant in between Kalwari Latmara road from house of Rohit Netam (Sonu) situated in which the aforesaid person has dumped illegally liquor which he has brought from the Madhya Pradesh and he has fill-up the aforesaid liquor in a bottle in which label of Chhattisgarh has been fixed and he willing to sale the aforesaid liquor from his farm house where he has dumped the aforesaid liquor so on the basis of aforesaid information a search has been made and during the aforesaid search the prosecution agency has seized the liquor and also seized empty bottle in which no any sticker and cap has been fixed and also seize sticker of Goa whiskey which alleged to be used for 180 ml and after seizing the aforesaid article they reached on conclusion that the applicant is involved in sale of illegal liquor. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicants have been roped into the offence on the basis of the memorandum statements of the co-accused. The applicant is in jail since 09.04.2025 Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court, therefore, they are not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, the charge-sheet has been filed and the applicant is in jail since 09.04.2025 and, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Chandan Mamtani, involved in Crime No. 127/2025, registered at Police Station Dongargarh, District- Rajnandgaon, (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, 1915 and Sections 111, 338, 336(3) of BNS, 2023 be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, 4 without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima